LAUDERHILL ATTORNEY OFFICIALLY OUT OF JOB

Although some aspects of his legal fight with the city over his firing will continue, Anthony Titone has lost his job as city attorney, according to a ruling Thursday by Broward Circuit Court Judge Mark E. Polen.

Titone's lone remaining tie to the position he held for nine years is a court order that placed his law partner, Richard Roarke, as the city's lead attorney, pending a resolution to the court case.

Under the court order, Titone has acted as a backup attorney to Roarke.

"Even if he wins (his case), Titone is still out," said Steven Effman, Titone's attorney. Titone has charged some City Council members with violation of the Sunshine law in planning his dismissal. He also has accused the council of damaging his reputation.

Polen ruled that a City Council resolution to fire Titone in January was moot. Mayor David Kaminsky had vetoed the January firing. Council members refused to attempt a veto override, opting to sue the mayor, challenging his veto authority.

In April, council members voted a second time to fire Titone. Once again Kaminsky vetoed, but this time his veto was overridden.

The judge told council attorney Alan Ruf and Effman that in August he ruled the council's January action was void.

"I did not pick up on (the ruling) at the last hearing," Ruf told Polen.

To clarify the issue, the judge reissued the ruling Thursday.

Titone joined Kaminsky in defense of the suit. Countercharges were filed by Titone alleging that council members violated state law by making a private deal to have him removed as city attorney.

Kaminsky and council members have tried to discontinue the suit, but Titone's countercharges have left the legal action alive in the court system.

According to Ruf, Polen still needs to rule on whether an illegal deal was made to fire Titone and whether the mayor has the authority to veto the firing of the city attorney.

At Thursday's hearing, Ruf argued that Titone's charge of a private deal should be dismissed by the court. Polen refused to dismiss the charge after Effman read the judge portions of his client's deposition that alleged council member Howard Berger had made a private deal with fellow city officials concerning Titone.

Berger has denied making any private deals regarding Titone.

If the judge rules there was an illegal conspiracy to fire Titone, the decision won't return Titone as city attorney, but would make him eligible to have his private attorney fees paid by the city, Effman said.

Today, Polen could undo Titone's remaining link to the city attorney post by lifting the court order that made Roarke the city's lead attorney. Ruf, at the request of council members, is expected to ask that the court order be lifted.

If Roarke and Titone are removed as the city's legal representatives, under the city charter Kaminsky has the authority to appoint an interim attorney for up to six months without council approval.

Council members would have to approve a permanent city attorney appointment.